brown, the current governor. both responded by refusing to defend the case and ultimately joined our side in the case and said it was fundamentally an unconstitutional law and they weren't going to defend it. so the judge in our case, chief judge von walker, who wrote that historic ruling in this case, allowed the intervening defendants, the propose pon ents of prop 8, to intervene and to defend the case. on the doma case the small group of folks on capitol hill out of the house have come together and are defending it because the federal government won't. at the end of the day this is unconstitutional and everyone knows it. >> it's a day in history here. this could be a major moment in the court's history. look at what tom goldstein of scotus blogged last week. quote, i have never before seen cases i believe would be discussed 200 years from now. bush v. gore, obama care were relative pip skeks. the government's assertion of the power to prohibit a gofg couple to marry or to refuse to recognize such a marriage is